Broward County Dog Bite Lawyer

Floridians who are bitten or mauled by a dog may sue the dog’s owner and others who had control of the dog to collect financial damages, under most circumstances. If that happens, it is in the best interests of the person bitten to seek legal counsel.

Our Broward County dog bite lawyers offer a free consultation to review the circumstances of the biting incident and determine if a lawsuit to recover damages can win in court. An experienced personal injury attorney from Kogan & DiSalvo provides that service without any obligation to be hired.

Florida Laws about Dog Bites

Florida’s dog bite law holds dog owners liable for any bite using one of two legal doctrines: negligence committed by the dog owner or controller by doing something wrongful; or strict liability, meaning the dog owner or controller is negligent even without doing anything wrong.

The law specifies the dog’s owner or controller is liable if it bites a child six years old or younger. A Broward County dog bite lawyer can evaluate a bitten person’s situation to see which doctrine may apply. If a dog mauls a person or causes serious injury, it may be destroyed, pending an investigation of the incident by animal control authorities. The dog may also be confined for life at the owner’s expense.

How to Prove Negligence

In law, negligence is defined as a person committing an act that a reasonable and prudent person would not have committed in the same circumstance. An omission can also be an act of negligence.

To prove negligence requires that the person had a duty of care toward another person, that the duty was breached by some act or omission which caused the dog to bite, causing injury and actual monetary loss.

If the bitten person had done something that made the dog attack, that person cannot claim all of the damages under Florida’s modified comparative negligence doctrine. Broward County dog bite lawyers know that damages are limited by the percent of fault the bitten person bears, up to 50%. If they are found to be 51% or more at fault, they are barred from recovery entirely.

What are Allowable Damages?

The injured person under Florida law may sue to recover medical costs, lost income from taking time from work, property damage if any damage is done, and for pain and suffering, mental anguish, and emotional trauma.

Punitive damages, which can be substantial, are allowed if the dog’s owner or the person who had charge of the dog was grossly negligent in allowing the dog to bite while on private or public property.

Defenses to Dog Bite Claims in Florida

The dog owner is not held liable for a dog bite if:

• The dog owner provided notice of the risk, specifically placing a conspicuous sign
• The person who is bitten provoked the dog
• The bitten person was trespassing
• The dog was defending its owners, territory, or puppies

What is a Scienter?

Scienter doctrine in Florida holds that the dog bite victim may sue not only the dog’s owner but also anyone who harbored or kept the dog.

Contact a Broward County Dog Bite Attorney

The bitten person only has to provide evidence of the bite itself and does not need to prove the dog owner is negligent to prove strict liability. To prepare and litigate the case, our Broward County dog bite lawyers are paid from the damages the attorney recovers from a jury or the court. Contact an attorney from Kogan & DiSalvo immediately to get started.